Gujarat High Court
Chaturbhai Valjibhai Adroja vs State Of Gujarat on 3 November, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/14653/2025 ORDER DATED: 03/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14653 of 2025
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CHATURBHAI VALJIBHAI ADROJA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. DHAVAL VYAS, SENIOR ADVOCATE with MS POONAM M
MAHETA(11265) for the Petitioner(s) No. 1
MS. MAITHILI MEHTA, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 03/11/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. Additional affidavit of the petitioner filed today in the
Court is taken on record.
2. Having heard Mr. Dhaval Vyas, learned Senior Advocate
assisted by Ms. Poonam M. Maheta, learned advocate
appearing for the petitioner and Ms. Maithili Mehta, learned
Assistant Government Pleader appearing for the State -
respondent.
3. The present petition has been filed with the following
prayers:-
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"(A) The Hon'ble Court be pleased to Issue a writ of
Mandamus, or a writ in the nature of Mandamus, or any
other appropriate writ, order or direction, declaring that the
action of the respondent authorities in constructing and
operating a water filtration plant upon the private land of the
petitioner bearing Revenue Survey No. 63, Village Bhadiyad,
Taluka Morbi. District Morbi, without any valid acquisition
proceedings and without payment of compensation, is illegal,
arbitrary, unconstitutional and violative of Articles 14, 21
and 300A of the Constitution of India;
(B) The Hon'ble Court be pleased to Direct the respondent
authorities to forthwith remove the encroachment and
restore possession of the land bearing Revenue Survey No.
63 to the petitioner;
OR, IN THE ALTERNATIVE
(C) The Hon'ble Court be pleased to Direct the respondent
authorities to initiate acquisition proceedings forthwith in
respect of the petitioner's land bearing Revenue Survey No.
63, Village Bhadiyad, Taluka Morbi, District Morbi, strictly in
accordance with the provisions of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, and to pay
compensation to the petitioner in accordance with law, with
the market value determined as of the date of issuance of
notification under Section 11 of the 2013 Act, together with
all statutory benefits"
4. The petitioner herein, a 74 years old person filed the
writ petition with the contention that the water filtration
plant had been constructed upon the land holding of the
petitioner bearing Revenue Survey No. 63, situated at Village:
Bhadiyad, Taluka: Morbi, District: Morbi without any valid
acquisition proceedings and payment of compensation. The
prayer in the writ petition, as noted hereinabove is to
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initiate the acquisition proceedings in respect of the
petitioner's land and pay compensation to the petitioner
strictly in accordance with the provisions of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
5. Taking note of the above, on a pointed query made by
the Court, it is submitted by Mr. Dhaval Vyas, learned Senior
Advocate appearing for the petitioner that the water filtration
plant was constructed at the site in question, sometime in the
year 1981, though no such statement has been made in the
writ petition. In a vague manner, in paragraph no. '4.2' of the
writ petition, the petitioner states that during the year 2017,
upon visiting his land, he noticed that the respondent namely
Gujarat Water Supply and Sewerage Board (Board) had
erected and they continued to operate a water filtration plant
on the land in question without following the due process of
law. This vague statement made in the writ petition cannot be
believed by us for the simple fact that we see no reason as to
why the petitioner would remain silent about illegal
occupation of his land by the respondent - Board. The silence
on the part of the petitioner and non-disclosure of the correct
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and complete facts clearly show that the petitioner tried to
get some undue advantage by misleading this Court.
6. Be that as it may, the petitioner herein has approached
this Court in the first round by filing a writ petition namely
Special Civil Application No. 21695 of 2017, agitating the
same issue, whereupon the following order has been passed
by this Court:-
"1. Case of the petitioner is that his agricultural land is
unauthorizedly occupied and utilized by the respondent
no.3Water Supply and Sewerage Board since long. No
acquisition proceedings have been initiated and no
compensation was paid. The petitioner has thereupon issued
a notice dated 09.09.2017 through his advocate to the said
board. However, no reply has been received by the petitioner
in response to the same.
2. At the first instance, we would require the respondent
no.3 to examine the grievance of the petitioner and respond
to the said communication dated 09.09.2017. Though it is
titled as a legal notice, the same may be treated as a
representation. The respondent no.3 shall reply to the said
representation within three months from the receipt of this
order in particular. The authorities shall examine the
petitioner's grievance that the land has been occupied
without acquisition and compensation. Once the petitioner
receives such response from the Board, if his grievance still
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survives, it would be open for him to take legal recourse.
2. Petition is disposed of. Direct service is permitted."
7. It seems that the representation made by the petitioner
was replied by the Board vide communication dated
09.03.2018 wherein it was categorically stated that the
filtration plant was constructed on Survey Nos. 115/1 paiki 5
and 115/1 paiki 9, acquired in the year 1980. A copy of the
said communication is appended as Annexure - 'D' to the
present petition.
8. It is further pertinent to note that in the second round,
the petitioner has filed a writ petition namely Special Civil
Application No. 13695 of 2018. The copy of the said writ
petition is on record and the perusal of the prayer made
therein at page no. '54' of the paper-book indicates that there
was no challenge to the communication dated 09.03.2018
whereby the claim of the petitioner for construction of water
filtration plant over Survey No. 63 belonging to the petitioner
had been turned out.
9. The second writ petition of the year 2018 has been filed
with the following reliefs:-
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"(A) YOUR LORDSHIPS may be pleased to issue a writ of
mandamus or a writ in the nature of mandamus or any
other appropriate writ, order or directions directing the
concerned respondent authority/ies to forthwith remove
the encroachment over the land question of the petitioner
i.e. the land situated Revenue Survey No.63 of Village
Bhadiyad, Tal. Morbi, Dist. Morbi, admeasuring 0-59-69
Hec.-Are-Sq.mtrs.;
ALTERNATIVELY
(B) YOUR LORDSHIPS may be pleased to issue a writ of
mandamus or a writ in the nature of mandamus or any
other appropriate writ, order or directions directing the
respondent authorities to forthwith pay appropriate
compensation to the petitioner under the provisions of the
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
with regard to the part of the land in question of the
petitioner utilized by the concerned respondent
authority/ies i.e. respondent-Board for the construction of
Water Filter Sewerage;
(C) During the pendency and final disposal of the present
petition, YOUR LORDSHIPS may be pleased to direct the
concerned respondent authority/ies to forthwith remove
the encroachment over the land in question of the
petitioner i.e. the land situated Revenue Survey No.63 of
Village Bhadiyad, Tal. Morbi, Dist. Morbi, admeasuring 0-
59-69 Hec.-Are-Sq.mtrs.;
(D) Pass any such other and/or further orders that may be
thought just and proper, in the facts and circumstances of
the present case."
10. The aforesaid writ petition of the year 2018 was decided
vide judgment and order dated 24.01.2023 by the following
order:-
"Learned counsel appearing for petitioner, after arguing
for some time, seeks leave of this Court to withdraw the
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petition with a liberty to approach revenue authority seeking
for re-survey and re-measurement of the subject
land i.e. revenue survey No.63 at mouje Bhadiyad, Taluka
Morbi, District Morbi. The petition is dismissed as withdrawn
and liberty as sought for is granted. Civil Applications, if any,
stands consigned to record.
It is needless to state that in the event if petitioner
intending to file a suit to assert right over the said property,
he would be at liberty to do so, if so advised, with all just
exceptions. We make it clear that we have not expressed any
opinion on merits of the case."
11. A bare reading of the judgment and order dated
24.01.2023 indicates that the petitioner sought liberty of this
Court to withdraw the writ petition with a view to approach
the revenue authorities for re-survey and re-measurement of
the subject land namely revenue survey no. 63, belonging to
the petitioner. And with the further intention that he would
be filing a suit to assert his right over the property in
question. With the liberty so granted, the petitioner withdrew
the writ petition for the reliefs as prayed therein.
12. In the third round, the present petition filed for the same
reliefs, therefore, is not entertainable. It is, however,
pertinent to mention that as per own case of the petitioner,
measurement exercise has been conducted by the District
Inspector of Land Records (DILR), Morbi and a measurement
sheet was prepared which further conclusively established
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that the water filtration plant is not situated on the
petitioner's land. The statement in the measurement sheet
indicates that the some area of the petitioner's land namely
Survey No. 63 is in possession of the third party. The
statement made in the paragraph no. '4.8' of the writ petition
that the remeasurement has conclusively established that the
water filtration plant of the respondent - Board is not situated
on Survey No. 115/1 paiki 5 and 115/1 paiki 9, but is situated
on the petitioner's land bearing Revenue Survey No. 63, is a
complete mis-statement, made contrary to the contents of the
measurement sheet dated 09.01.2024 prepared by the DILR
appended as Annexure H to the writ petition.
13. With these facts, further issues raised by the petitioner
with the aid of certain representations made by him to the
Mamlatdar and Executive Magistrate, Morbi Rural and the
communications made by the officer of the respondent -
Board dated 12.06.2025 addressed to the Mamlatdar, Morbi
Rural, would require no further inquiry. The fact remains
that the petitioner has neither challenged the communication
dated 09.03.2018 sent by the respondent - Board in response
to his representation pursuant to the judgment and order
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dated 01.12.2017 nor there is any challenge to the DILR
report dated 09.01.2024.
14. None of these documents support the case of the
petitioner that the respondent - Board is in occupation of the
petitioner's land or the water filtration plant has been
constructed in the year 1980 by the respondent - Board over
Survey No. 63 belonging to the petitioner namely the land in
question.
15. In view of the above, we do not find any good ground to
entertain the present petition. The present petition is
accordingly dismissed as misconceived.
16. However, in view of the liberty taken by the petitioner
before this Court as noted in the judgment and order dated
24.01.2023, it is open for the petitioner to file a civil suit with
respect to the land in question. It goes without saying that
the Civil Court will have to decide the matter on the facts and
evidence brought before it.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
VARSHA DESAI
